DUI in Westchester
Westchester DUI laws are some of the harshest in the country. The state has taken a strong stance on driving under the influence in the past few years and, as a result, Westchester residents have sustained increasingly severe penalties when convicted of a drunk driving offense. In the wake of these changes, enlisting the help of an experienced attorney is in the best interest of anyone facing driving under the influence charges. RepresentYou.com may be able to help. A number of our panel member attorneys have knowledge of the strict DUI laws in Westchester and have years of experience fighting to lessen the impact of such offenses on their clients lives.
There can be two types of legal action resulting from a drunk driving arrest in Westchester. The first is the criminal action. In the event of a first time conviction the criminal action can result in $1,000 fine and up to 6 months in jail. The penalties become more and more severe with each additional conviction. The second action is a civil action brought against you by the Department of Motor Vehicles. The result of a DUI civil action is a DMV mandated suspension of your license for up to 1 year. Occasionally, with the help of experienced and competent Westchester representation, the penalties of both actions can be reduced or dropped without the expense of trial.
You must react quickly to a driving under the influence (DUI) of drugs or alcohol charge. As with most legal matters time is of the essence and it is important to start taking steps toward resolving your legal matter now. At RepresentYou.com we are here to help. If you are unsure about your legal situation RepresentYou.com is a good place to start. A number ofcriminal lawyers on our panel have had success dealing with DUI cases in the Westchester area. When you call RepresentYou.com or submit your case online, you will be asked preliminary questions pertaining to your DUI case. If you decide that a lawyer may be necessary RepresentYou.com will connect your with one of our Westchester panel member attorneys and arrange a free initial consultation. From this point forward, you and your lawyer will decide the best course of action for your specific DUI matter.
Driving Under the Influence in Westchester Vehicle Code 23152. (a)(b)(c)
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. Source:http://dmv.ca.gov/pubs/vctop/d11/vc23152.htm
Driving a Commercial Vehicle Under the Influence VC 23152 (d) (e) (f)
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992. Amended Ch. 974, Stats. 1992. Effective September 28, 1992. Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995. Source: http://dmv.ca.gov/pubs/vctop/d11/vc23152.htm
Westchester DUI Law Summary
According to Vehicle Code 23152, it is against the law to operate a motor vehicle in Westchester if you are under the influence of alcohol, drugs, or both alcohol and drugs. As seen above, Westchester law states that any person with a blood alcohol content of 0.08% or above is under the influence and incapable of safely and legally operating a motor vehicle.
The DUI vehicle code also contains a list of subdivisions that outline more specific circumstances that restrict a persons right to operate a motor vehicle in Westchester. A few of these subdivisions is listed and briefly explained below.
Subdivision C: Anyone who is addicted to a drug can not legally drive a car in Westchester unless they are currently participating in a drug treatment program.
Subdivision D: It is unlawful for any person to operate a motor vehicle that requires a commercial driver’s license with a blood alcohol content of 0.04% or more.
Westchester DMV Hearing for a DUI
As explained at the beginning of this article, a DUI arrest in Westchester will not only result in a criminal proceeding but also a hearing with the DMV. Defendants are normally more familiar with the criminal trial because it deals primarily with the actual law and leads to more common criminal punishments such as fines, jail sentences and probation. The DMV hearing, though, can be a bit more complicated and should be approached with the guidance of an experienced DUI attorney in Westchester.
In the event of an Westchester DUI arrest, the arresting officer will take away the offender’s driver’s license and hand them a pink slip or “Notice of Suspension.” For 30 days following the arrest this slip will act as a temporary driver’s license and also notifies you of your right to fight a license suspension by attending a DMV hearing. However, the request for a hearing must be made within 10 days of your arrest. Once those 10 days have past you will no longer be able to fight the suspension of your driver’s license through a DMV hearing.
DMV hearings for DUI cases are relatively relaxed as they are mediated by an employee of the DMV rather than a judge. With that being said, you should still take these proceedings very seriously. Your chances of retaining your driver’s license depend entirely on the outcome of this hearing. In other word, there is an awful lot to lose and you should prepare yourself for your hearing with the help of a DUI lawyer.
What to do When Arrested for DUI in Westchester
If you find yourself in need of a DUI attorney in Westchester, RepresentYou.com is a great place to start because our panel member attorneys are held to some of the highest standard in this business. These standards ensure that our clients are connected to the best and most experienced legal professionals in Westchester. In addition to the requirements explained throughout this article, our lawyers are also reviewed by client surveys and we take any and all complaints very seriously.
We are available 24 hours a day, 7 days a week so please to don’t hesitate to contact us with any and all DUI issues. Our staff can assist you in English, Spanish, French and Portuguese so please call toll-free at 1-888-973-7968 or submit your case online today.